In a dispute involving copyright infringement and digital preservation, the Association of Independent Record Labels (AIRL) has filed suit against Internet Archive’s (IA) nonprofit library project. AIRL alleges that IA’s ‘Extended Access Program,’ which allows registered users to access digitized copies of books, magazines, newspapers, and other materials for a fee beyond the initial 24 hours granted under their ‘Controlled Digital Lending’ policy, violates copyright laws.
IA counters by emphasizing its mission to preserve cultural heritage through digital archiving while providing disabled individuals with improved accessibility options. The case highlights ongoing debates surrounding fair use exceptions in copyright law and the balance between preservation efforts and respecting creators’ rights.
The Music Library Association (MLA), American Society of Composers, Authors & Publishers (ASCAP), National Music Publishers Association (NMPA), Recording Industry Association of America (RIAA), Songwriters Guild of America, and other organizations have joined AIRL in supporting the lawsuit. However, some advocates for digital preservation argue that IA’s actions fall within fair use boundaries under U.S. copyright law’s Section 108 limitations on reproduction for educational purposes or archival reasons when certain conditions are met.
The outcome of this case could significantly impact how libraries and other institutions handle digitization projects involving copyrighted materials while attempting to balance preservation efforts with respecting creators’ rights.
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